General Terms and Conditions

General Terms and Conditions with customer information

 

§ 1 General

1.1 For the business relationship between the Boutique for Yorkie, Chihuahua, Mops & Co / Ralf Plaumann and the Customer (hereinafter referred to as the Buyer), the following general terms and conditions shall apply in their version valid at the time of the order.

1.2 Entrepreneur (§ 14 German Civil Code) is a natural or legal person or a legal partnership in the performance of his commercial or independent professional activity.

1.3 Consumers within the meaning of section § 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for a purpose that can not be attributed to either his commercial or independent professional activity.

 

§ 2 Prices

2.1 All offers and prices of Boutique for Yorkie, Chihuahua, Mops & Co are free and non-binding until the contract is concluded.

2.2 The above prices are quoted as of the place of manufacture or storage, excluding expenses such as packaging, postage, freight, access and insurance for the transport of the goods.

2.2.1 All prices mentioned, if the purchaser is a consumer within the meaning of § 13 BGB, are inclusive of the value-added tax valid at the time of the invoice. For purchasers who are entrepreneurs within the meaning of § 14 (1) BGB, all prices stated to them, plus the value-added tax valid at the time of invoicing, are understood.

2.3.1. Additional fees, insurance, duties or other duties may be incurred for shipments to other countries, which must be borne by the purchaser in addition.

 

§ 3 Payment

3.1 The available payment possibilities can be viewed in the customer information under "payment".

 

§ 4 Contract conclusion, withdrawal and revocation instruction

 

4.1 The presentation of the products in our online shop is not a legally binding offer, but a non-binding online catalog. By clicking the "buy" button, you place a binding order of the goods contained in the shopping basket. The confirmation of the receipt of your order is made together with the acceptance of the order immediately after sending by automatic e-mail. This purchase confirmation has been concluded with this e-mail confirmation.

4.2 Boutique for Yorkie, Chihuahua, Mops & Co is entitled to rescind the contract in regard to a still open part of the delivery or performance, if false information about the creditworthiness of the customer was made or objective reasons with regard to the solvency of the customer and by request of Yorkie, Chihuahua, Mops & Co the buyer does not pay in advance towards the Boutique for Yorkie, Chihuahua, Mops & Co, or if insolvency proceedings are opened on the customer's assets or if an application for the initiation of insolvency proceedings is refused due to a lack of cost-covering assets. Notwithstanding the claims for damages of Boutique for Yorkie, Chihuahua, Mops & Co, partial services already rendered in the event of the partial withdrawal shall be settled and paid in accordance with the contract.

4.3 If the supplier of the Boutique for Yorkie, Chihuahua, Mops & Co does not supply the Boutique for Yorkie, Chihuahua, Mops & Co with the ordered goods despite a contractual obligation, the Boutique for Yorkie, Chihuahua, Mops & Co is to rescind the order entitled. In this case, the purchaser is immediately informed that the ordered product is not available. If the purchase price was already paid, the buyer will be refunded immediately.

4.4 Right of revocation

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's right of revocation.

 

§ 5 Lien, compensation, right of retention

5.1 In the case of consumers, we reserve the right to ownership of the purchased goods until the invoice has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal person of public law or a public special fund, we retain title to the purchase item until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

5.2 You are entitled to a right of compensation only if your counterclaims have been legally established or are undisputed or acknowledged by us. In addition, you have a right of retention only if and to the extent that your counterclaim is based on the same contractual relationship.

5.3 If the customer is in arrears against any payment obligations, all existing claims shall become due immediately.

 

§ 6 Delivery

6.1 Delivery is effected by sending the goods to the address notified by the customer.

6.2 The delivery is against the packaging and shipping costs stated in the Internet order. For foreign deliveries the price for packaging and shipping is calculated separately by weight, unless otherwise stated. If the customer desires a special type of dispatch, which involves higher costs, he also has to bear these extra costs.

6.3 If the service is not available in an indecent manner, the consumer will be informed immediately and any consideration already paid will be reimbursed.

 

§ 7 Transfer of risk, transport damage

7.1 In the case of deliveries to consumers (§ 13 BGB), the risk passes to the buyer as soon as the consignment with the delivery items is handed over by the forwarder to the buyer or his authorized representative or at the delivery address indicated by the buyer.

7.2 In the case of deliveries to contractors (§ 14 BGB), the risk passes to the buyer as soon as the consignment is handed over to the freight forwarder with the delivery items.

7.3 Please report any transport damage to the carrier immediately, and please contact us. The contact possibilities are in the imprint. Please note that neglecting the complaint or contacting your statutory warranty rights has no consequences. However, they help us to assert our own claims against the transport company.

7.4 For entrepreneurs (§ 14 German Civil Code), § 377 HGB shall apply with regard to the examination scale.

 

§ 8 Warranty, Alternative Dispute Resolution (OS)

8.1 The product illustrations may differ from the appearance of the delivered goods in terms of color and size. In particular, changes in the appearance and the equipment of the goods may occur after the manufacturer has rebuilt the product. Claims for defects do not exist to the extent that the changes are reasonable for the purchaser.

8.2 If there is a defect of the purchased item, which is to be reproached by the Boutique for Yorkie, Chihuahua, Mops & Co., the Purchaser may demand supplementary performance (rectification of defects or replacement delivery). If the buyer is not able to meet the demands of the Boutique for Yorkie, Chihuahua, Mops & Co or fails to rectify the defect, the buyer has the choice to demand a corresponding reduction in the purchase price or to withdraw from the contract.

8.3 Unless otherwise stated below, any further claims of the Purchaser (irrespective of the legal basis) shall be excluded. Boutique for Yorkie, Chihuahua, Mops & Co is therefore not liable for damages, which are not caused by the delivery item itself; In particular, Boutique for Yorkie, Chihuahua, Mops & Co is not liable for loss of profit or for other assets of the customer. Insofar as liability is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents.

8.4 The above limitations of liability do not apply, insofar as the cause of the damage is based on intent or gross negligence or a personal injury (damage to life, body or health). It shall also not apply if the purchaser asserts claims from § 1.4 Product Liability Act.

8.5 In the event that Boutique for Yorkie, Chihuahua, Mops & Co negligently violates a contractual duty, the liability for damages is limited to the typically occurring damage, which does not exceed the purchase price of the ordered goods.

8.6 The warranty period is 24 months (statutory warranty) from the date of delivery if the customer is a consumer within the meaning of § 13 BGB (German Civil Code). If the purchaser is an entrepreneur within the meaning of § 14 Abs.1 BGB, the guarantee period is 12 months from delivery.

8.7 Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG The EU Commission has created an Internet platform for the online settlement of disputes (so-called "OS platform").

The OS platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase contracts.

The OS platform can be accessed at:

http://ec.europa.eu/consumers/odr/.

We are not obligated and unwilling to participate in a dispute settlement before a consumer sack.

 

 

§ 9 Applicable Law

The contract between Boutique for Yorkie, Chihuahua, Mops & Co and the buyer is subject to the law of the Federal Republic of Germany. Exceptions to this choice are the mandatory consumer protection regulations of the country in which the customer is habitually resident. The application of the UN purchase law is excluded. If the customer is an entrepreneur (§ 14 BGB), the court is located at the Boutique for Yorkie, Chihuahua, Mops & Co, unless an exclusive court of jurisdiction is established for the dispute.

 

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